Patna High Court
Khushanawaj QuraishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as there is no specific allegation against the petitioner and co‑accused have been released, subject to prescribed conditions.
Summary
Khushanawaj Quraishi was arrested on 23 December 2025 in connection with a case involving assault on an informant and her daughter, alleged under multiple sections of the Bihar Penal Code, 2023. The petitioner claimed innocence, arguing that the FIR contains only a generic allegation against all accused and no specific charge against him. He also pointed out that co‑accused Mahtab Quraishi and others had been granted bail by a coordinate bench of the same court. The prosecution opposed bail, citing the petitioner’s prior criminal antecedent, though noting he is already on bail in another matter. Considering the lack of specific allegation and the precedent of bail to co‑accused, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted when the FIR does not contain a specific allegation against the petitioner.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
Subjects
- bail
- criminal procedure
- specific allegation
- co‑accused precedent
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16797 of 2026
Arising Out of PS. Case No.-935 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Khushanawaj Quraishi S/O Sadru Quraishi Residence of Village-
Shahjalalpeer, P.S-Sasaram (T), District- Rohtas, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Jai Prakash Singh, learned counsel for the
petitioner and Mr. Rajendra Singh, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.12.2025 in connection with Sasaram (T) P.S. Case No. 935 of
2025, F.I.R. dated 15.12.2025 for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 117R(2), 74,
352 and 351(2) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons armed with deadly weapons have
assaulted the informant and her daughter due to some previous
dispute.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the F.I.R itself that due to some
Patna High Court CR. MISC. No.16797 of 2026(2) dt.17-03-2026
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previous dispute the present occurrence has taken place.
Although the petitioner is named in the F.I.R but there is no
specific allegation of assault or overt act attributed against the
petitioner rather there is general and omnibus allegation against
all the accused persons including this petitioner. He further
submits that similarly situated, co-accused persons, namely,
Mahtab Quraishi & Ors. have been granted bail by a co-ordinate
Bench of this Court vide order dated 12.03.2026 passed in Cr.
Misc. No. 15369 of 2026. The petitioner is in custody since
23.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries one criminal antecedent other than
the present one but fairly submits that he is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances
that there is no specific allegation of assault or overt act
attributed against the petitioner and similarly situated co-
accused persons have been granted bail by a Co-ordinate Bench
of this Court, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.16797 of 2026(2) dt.17-03-2026
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learned Chief Judicial Magistrate, Sasaram at Rohtas in
connection with Sasaram (T) P.S. Case No. 935 of 2025, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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